Two new precedent affidavits for expert reports have been added to the Property Settlement and Children matter plans in the Family Law publications. These new precedents ensure compliance with Rule 7.21(2) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2022.
The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 apply in all family law matters across both divisions of the court. Part 7.1 of the Family Law Rules 2021 makes provision for expert evidence.
Rule 7.13 provides that experts be given a recent copy of Divisions 7.14, 7.15, and 7.16. These rules cover requirements for instructions to experts, information about disclosure by experts, their duties and obligations, and clarification of the requirements for expert reports. The By Lawyers enclosure precedent which combines these rules make it easy for practitioners to comply when briefing experts.
Expert witnesses in family court proceedings potentially include:
- social workers
- child and family psychiatrists
- medical specialists
- property valuers, and
- financial consultants.
The two precedents deal with both a single expert, when both parties to proceedings engage an expert jointly, and the less common situation where parties engage their own expert.
The new precedents are located in an IF REQUIRED – Expert witness folder, in the Going to Court folder in the Property Settlement guide, and Children guide.